Tag Archives: Siteserv

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A letter sent from former IBRC chairman Alan Dukes to Finance Minister Michael Noonan on February 14, 2013 

You may recall how Mr Justice Brian Cregan was appointed to carry out a Commission of Investigation into IBRC on June 16, 2015.

One of the terms of reference is “whether the Minister for Finance or his Department was kept informed where appropriate in respect of the transactions concerned, and whether he, or officials on his behalf, took appropriate steps in respect of the information provided to them.”

The commission’s establishment followed Social Democrat TD Catherine Murphy asking Finance Minister Michael Noonan questions about the sale of Siteserv to a company owned by Denis O’Brien.

Further to this.

The former chairman of IBRC Alan Dukes sent a letter to Finance Minister Michael Noonan on February 14, 2013 – a week after IBRC went into liquidation.

This letter was obtained from the Department of Finance by Ms Murphy, following a Freedom of Information request.

Readers will note there were three sentences redacted in the letter of February 14, 2013.

Following an appeal to the Information Commissioner, the commissioner annulled the decision of the department to redact these sentences.

It found the manner in which the Department had processed the request “most unsatisfactory” and not in keeping with the statutory provisions of the Freedom of Information Act.

Further to this, Justine McCarthy, in yesterday’s Sunday Times, reported:

The Sunday Times has established that the three missing sentences from Dukes’s letter are:

“1. The Department of Finance has at all times been provided with all papers presented to the board;

2. The Department of Finance has been entitled to have an observer at every meeting of the board;

3. The minutes of all committee meetings were systematically provided to the Department of Finance.”

…The ruling by Stephen Rafferty, an investigator in the information commissioner’s office, was made on February 8 but only made public last Thursday. The department has until March 1 to lodge an appeal to the High Court.

…When told what the redacted portion of Dukes’s letter says, Murphy replied: “It’s strange the department would have redacted that. It obviously gives a clue about something. There seems to be a surprisingly small amount of information [available] about the relationship between the department and the bank, given how bad we know that relationship was.

The information commissioner was quite scathing about the department and the fact they are taking their time about whether they’ll release it or lodge an appeal indicates there is not a culture of openness there.”

Anyone?

Revealed: Hidden claims over IBRC liquidation (Justine McCarthy, Sunday Times)

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Ah here.

An email from Denis O’Brien to Des Carville at the Department of Finance, obtained by journalist Gavin Sheridan, under the Freedom of Information Act

You may recall how the sale of Siteserv to Denis O’Brien’s Isle-of-Man-based acquisition vehicle Millington in March 2012 came after Davy Stockbrokers and KPMG were tasked with finding a buyer by a subcommittee of the Siteserv board.

Des Carville was the Davy adviser to Siteserv during the sale. Mr Carville previously helped Davy to advise Mr O’Brien on deals involving Esat.

Some 18 months after the sale of Siteserv, in November 2013, Mr Carville, a former KPMG employee, joined the Department of Finance as Head of its Shareholder Management Unit.

Denis O’Brien’s email to Des Carville (The Story, Gavin Sheridan)

Meanwhile, separately, in yesterday’s Sunday Times, Brian Carey wrote:

“For all the world, the inquiry into loan write-offs at IBRC looks like it was built to collapse: the towering edifice, the flimsy foundation, the complex material, the entirely infeasible completion deadline.”

“It ran out of control well before it was due to begin. By estimating a duration of several years, judge Brian Cregan first rendered the whole prospect outrageous. It was the government’s decision to broaden the probe to 38 transactions and losses to the state bank of more than €10m. Now the government claims that an investigation could cost as much as a tribunal.”

There never were grounds for a probe of that scope, depth, length or expense, nor was one ever demanded. And so the public’s quest for truth runs aground in a legal quagmire of confidentiality , privilege and enormous expenses. How convenient.”

“There were only ever a handful of questions that begged answers in this affair. Did Denis O’Brien, the most powerful businessman in the country, receive preferential treatment in his dealings with IBRC? Was he unduly favoured in his purchase of Siteserv, a utilities service company which was heavily indebted to the bank? Did he get preferential rates of interest on his own personal borrowings?”

“… KPMG could review, as suggested by Cregan, the top 12 write-offs, provided once again there is no conflict of interest. It is the job of a liquidator to investigate the affairs of a bust company. As yet, the evidence is not there to justify a wide-ranging, lengthy and expensive judicial inquiry. Frankly the public should be aghast that one should take place without, at least, establishing a case for such a probe.”

By the same token, the Siteserv issue should not be buried with this administration. Right now, this looks like a manufactured botch job.”

IBRC loan inquiry risks being botched into oblivion (The Sunday Times)

Previously: Bringing The House Down

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Previously: Creatures Of The State

Set Up To Fail

Watch the proceedings live here

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From top: Taoiseach Enda Kenny (second left) and  Attorney General Marie Whelan second right) at former Attorney General Declan Costello’s funeral; Siteserv logo.

Yesterday’s Sunday Business Post revealed that the Commission of investigation into transactions made during the wind up of Anglo Irish Bank, including the sale of Siteserv to Denis O’Brien, can not proceed.

Six months after its set up the commission says it does not have the powers to make a determination as to whether documents in the possession of the liquidators, KPMG, are “covered by legal and banking privilege”.

Concerned Citizen asks:

Are Fine Gael attempting to throw the Attorney General under the bus for giving poor advice?
And will the Attorney General say the problems were known from the outset but Fine Gael proceeded because they assumed a General Election would come first?

Anyone?

(RollingNews.ie)

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A RoanKabin show home at the Modular Homes Display, East Wall Fire station, Dublin

Call for A Revolution in Ireland writes:

As you are aware, we have a housing crisis, caused by FG-Labour. Today they were showing off some “modular home“, basically prefabs [in Dublin yesterday]. These will solve the crisis, or so they tell us. These units cost around €100,000 each.

Well, guess who makes them? Denis O’Brien does. [Among the] companies building them is Roankabin, a division of SiteServ (the company installing water meters)….

Oh.

Call For A Revolution In Ireland (Facebook)

Thanks Marina O’Reilly

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Denis O’Brien and his often tangled web of influence.

In interactive form [see link below]

Come into his parlour.

Pat writes:

Irish Water, Denis O’Brien, Siteserv, GMC. Find it all here illustrated. You can Zoom in and out, click on the elements and discover more content in their description. Each connection (as much as possible ) contains information on the nature of the link to the element it is connected to. For any query please reach out on twitter to @beyourownreason

A Tangled Web: Irish Water, Denis O’Brien and Siteserv (BeYourOwnReason)

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Catherine Murphy in the Dail this evening

During tonight’s debate on the Commission of Investigation into certain IBRC transactions, including the sale of Siteserv to Denis O’Brien…

When I met with the Minister yesterday I highlighted that my main concern would be that the investigation does not end on Prom [Promissory note] night and that it extends into the time when the IBRC was in liquidation.

There are many issues that straddle both time periods and it is vital that the investigation can properly follow these threads.

For example, the purchaser of Siteserv, was already significantly indebted to IBRC. We know that on the 7th of March 2013 – one month post liquidation – that he wrote to the special liquidator seeking to reschedule his outstanding loans over a further 3 year period.

We know that he claims to have been allowed a similar extension by virtue of a verbal agreement he claims he had with the CEO of IBRC (Mike Aynsley).

We also know that, according to IBRC, the credit committee had never approved such a previous agreement yet Mr O’Brien maintains it was in place and he requested that the special liquidator be made to honour that verbal agreement.

I wish the minister to clarify if the assertion of such a verbal agreement will be enough to satisfy the Terms of Reference regarding the ‘contractual obligations’ required in relation to investigating issues that straddle pre & post liquidation.

We know that the credit committee met on the 23rd of May 2013 – two months after Mr O’Brien’s approach to the special liquidator and at that time the outstanding balance owed to IBRC by Mr O’Brien was in the region of €325million.

It is worth, at this point, asking the question as to why someone, so heavily indebted, was allowed to make significant purchases from IBRC rather than being asked to pay down his outstanding loans. Were other bailed-out banks financing this buying exercise? Was he borrowing from Peter to pay Paul?

Interestingly, an article that appeared in the UK edition of the Sunday Times in January 2012 showed that in 2011 & 2012 the IBRC refinanced some of Mr O’Brien’s loans and increased their security stake in some of his investments. It seems illogical that in the same time period they allowed him to purchase Siteserv for example.

The point here is that some of the documents I am referring to relate to the Special Liquidators era hence the need for the period to be covered by the terms of reference.

In recent days, The Chairman of IBRC (Mr Dukes) has made much of the fact that the Central Bank conducted a review, prior to July 2012, and apparently found no problems.

Contradicting that assertion however is a relevant piece from the FOI documents from inside the Department when they said

“We are concerned that the Central Bank report compiled on the transaction vindicates their position. To be clear we are concerned with a number of the decisions taken by the bank in relation to this transaction.”

….Yet It was not until I received an FOI of July 2012 internal Dept memos did we learn that the Department officials were expressing serious concern over the effectiveness of the CEO and the management team and they had serious concerns over the way a number of large transactions, including the Siteserv sale had been handled.

….Another significant issue that raised its head in some of the early reporting of this controversy but has since been replaced by other developments is the share activity in Siteserv prior to its sale.

Various sources of information told me that the Siteserv share activity in November 2011 – the period during which the bidding process was underway – was irregular and that there had been a significant share spike around the time it was sold resulting in a nice windfall for some lucky investors.

Unfortunately it was indicated to me that some of those investors may not have been so much lucky as they were well-informed. Indeed the Chairman of IBRC confirmed in an RTÉ interview that Denis O’Brien for example, had been given advance notice of the sale before it was announced. Did others have similar information?

The unfortunate thing here is that while I know what insider trading is, I don’t yet know how we deal with it here in Ireland. On foot of my information regarding share activity, I wrote to the Irish Stock Exchange who advised me that it was not within their remit and that I should talk to the Central Bank.

I wrote to the Central Bank who told me it was outside of their remit. I then wrote to the Office of the Director of Corporate Enforcement whose reply came back today to tell me that it does not appear to come within the remit of their office.

….In my speech on May 28th I referred to loans held by Mr O’Brien that were due to be repaid in full in 2011 and 2012. We know they were not repaid in that timeframe.

Effectively, once the agreed term expired, those loans were in default and became callable on demand. IBRC’s own terms and conditions allowed them to charge default interest rates yet they chose not to do so in this case.

Many sources have come forward both before and since that speech, to say that they had personal experience of being both performing and non-performing borrowers of IBRC and their experience of their loans being called in, in a ruthless fashion and other defaulting borrowers talk of the punitive interest rates applied to them.

…..The plight of the former Irish Nationwide Mortgage holders and the way in which they have been treated by IBRC compared to the very favourable environment that seems to have been provided to Mr O’Brien for example is perhaps an indication.

Catherine Murphy, Independent TD for Kildare North

Continue reading →

90190840Former IBRC chairman Alan Dukes and CEO Mike Aynsley in June, 2010

The Commission of Investigation will examine whether there is “prima facie evidence of material deficiencies” in the performance of those acting on behalf of IBRC, including board members, directors and management in relation to transactions.

It will also look at the staff of the IBRC’s wealth management unit… The interest rates, extension of interest rates or period of repayments that were given by IBRC, which resulted in a loss of more than €4m in interest, will be examined.

Unusual share trading which would give rise to concerns of insider information being improperly provided will also be investigated in relation to the transactions. The commission will report back by December 31

Hmm.

BRC commission to report back by end of year (RTÉ)

(Mark Stedman/Photocall Ireland)

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Catherine Murphy (left) and Ann Marie McNally, communications and policy advisor, at the High Court on Tuesday

How did we get here?

And what have we learned?

Catherine Murphy TD writes:

Recent events seem to have taken on a life of their own but it useful to look back to where it all began.

Back in early 2014 my team and I started looking at the circumstances surrounding the awarding of the controversial water metering contracts and the uncanny way that the same names seemed to pop up at every hands turn.

Crucial to our early research was a piece that Broadsheet.ie had done titled ‘Thicker than Uisce’ and this very detailed timeline led us into many different directions that have culminated in the events of the past few weeks.

I have been to every one of the Irish Water protests, I had six months on Leader’s Questions in the Dáil from June-December 2014 and I raised the water issue on nine of those occasions.

At all times I made the point that the protests and the reaction was about more than just water – it was about something bigger; the sense that things always seem to work in favour of the big guys and never the little guys.

I made a speech in the Chamber on December 4 and again on December 10 where I raised Siteserv and some of the names that have now come into the public domain through the FOI process.

I followed it up with a series of (ongoing) parliamentary questions and FOI requests and it was April 2015 before answers began to emerge – painstakingly slowly.

Roll on to recent events – a situation where significant information from extremely credible sources comes to my attention; information which I firmly believe to be in the public interest.

I believe I have a duty, as an elected representative, to pursue the truth, to get to the bottom of the situation and to ensure that at no stage were the citizens of this country disadvantaged for the benefit of some powerful people.

In pursing that objective I used every parliamentary avenue open to me including taking to my feet on the floor of the Dáil and putting the allegations to the Minister and asking him to let people know the facts.

I never for a second considered that somebody with money and power would somehow influence how my privileged words would be, or not be as was the case, reported in the majority of media outlets across this country.

For anyone to claim that this was never the intention is belied by the letters and emails received by numerous media outlets, including Broadsheet, warning them not to report my speech.

What is really concerning is that most, though thankfully not all, media outlets bowed to the pressure. The fear of deep pockets managed to control almost the entire press corp of the country.

In the age of social media we are lucky that many citizens had the opportunity to access fair reports as is their right, however a large cohort of our citizens still rely on mainstream media and until the Sunday Times took a stand on the Sunday following my Thursday afternoon speech, those citizens were bereft of information from their elected parliament. That cannot be acceptable.

There has been a very valuable lesson in this. We have got to look at how our Fourth Estate operates. Issues such as ownership, editorial v legal considerations and public interest must be evaluated and mainstream media organisations now have to pose some very serious questions to themselves about what is more important; their role in democracy or their fear of upsetting the wrong people?

The parliament and the judiciary for their parts, must now look at our defamation laws and assess whether or not they are fit for purpose. It is not enough to know what went wrong; we must take steps to put it right to ensure we never have a repeat of this debacle.

Catherine Murphy is Independent TD for Kildare North.

Previously: Catherine Murphy on Broadsheet

(Sasko Lazarov/Photocall Ireland)

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Enda Kenny at the Mansion House this afternoon

The Taoiseach said up until recently the Government deemed an internal review by the liquidators of IBRC was the best way to find out more about the row of the sale of the company, Siteserv, to the businessman, Denis O’Brien.

But the row over Dáil reporting of related issues and the subsequent High Court hearings changed that and led Cabinet to decide to set up a Commission of Inquiry.

He said he chose to stand back from court deliberations in recent days until a verdict emerged.

Taoiseach Enda Kenny defends silence over IBRC row (Irish Independent)

Asked if the public should have concern about the extent of Mr [Denis] O’Brien’s power and influence in Irish society, Mr Kenny said:

“Obviously there are regulations and rules governing the ownership of media outlets and communications, and that’s a matter that the Minister for Communications (Alex White) keeps under observation.

“There are legislative conditions set down here. So I wouldn’t comment on an individual in particular but I do note that the Justice in his decision did say that any individual is entitled to privacy, but that clearly in particular circumstances the public good can override the requirement that that might apply.”

Taoiseach Breaks Silence (irish Times)

Pics: Jennifer Bray, (Sam Boal/Photocall Ireland)